Man in Rochester cruelty case can’t own dog for three years

Thursday

Dec 13, 2012 at 3:15 AM

By Liz Markhlevskayalmark@fosters.com

ROCHESTER — The man who recently pleaded guilty to animal cruelty for allowing a pinch-style collar to cause an infection in his dog’s neck had to surrender his black lab as part of a negotiated plea agreement, and is prohibited from owning a dog for the next three years.

Bryon Melanson, 44, of 6 Pink St., was charged with three misdemeanor counts of animal cruelty on Aug. 2, after police found his dog, Brewski, with a wound in the back of his neck. The wound, which had become infected, was caused by a pinch-style training collar that was too tight, according to police.

Melanson has refuted the police’s allegation the collar had become “embedded” into the dog’s neck, while Police Sgt. Patrick Emerson told Foster’s in September that the dog’s “skin was actually rolled up around the collar” when police encountered the dog at Melanson’s home on Aug. 1.

As part of his negotiated plea agreement, Melanson pleaded guilty to one count of animal cruelty, which alleges he allowed the collar to become embedded in the dog’s neck, causing an infection.

The other two counts of animal cruelty — which pertained to the collar causing puncture wounds and Melanson using the pinch-style collar to tether the dog outside — have been placed on file without a finding, meaning the police can bring those charges forward in the future if Melanson doesn’t comply with the terms of the negotiated plea agreement over the next two years, said Police Capt. Paul Toussaint.

According to the terms of his plea agreement, Melanson had to surrender his 7-year-old black lab to the Cocheco Valley Humane Society in Dover. He is also prohibited from owning a dog for the next three years, and was ordered to stay on good behavior for the next two years.

Speaking to Foster’s on Wednesday, Melanson said he’s concerned about the well-being of his dog, which he had raised since Brewski was a puppy.

The dog, which he described as being bouncy and happy-go-lucky, had been living primarily outside during his time with Melanson. Since Brewski has been at the Cocheco Valley Humane Society, Melanson said he has heard reports the dog has had behavioral issues, including an episode where the dog “nipped” a staff member.

On Wednesday, Melanson said he’s afraid Brewski will get euthanized if he is not deemed adoptable due to his behavioral issues, which Melanson said likely stems from his new environment.

“He is definitely out of his element,” said Melanson of his black lab. “The dog had not had behavioral issues when he lived here ... The dog is clearly an outside dog. He’s very happy, happy-go-lucky, and now he’s miserable. That’s his life until he gets adopted or until they put him down.”

Melanson described his plea agreement as being a “lesser of two evils,” and said he couldn’t afford to battle the charges against him in a trial setting. He also expressed doubt a public defense attorney would be able to adequately represent him.

While Melanson could not explain why the pinch-style collar caused puncture wounds in the dog’s neck, he referred to the incident as an “unfortunate accident.”

Police were initially dispatched to Melanson’s home on Aug. 1 after a neighbor complained the collar was placed too tightly around the dog’s neck. After police found the wound in the back of the dog’s neck, Brewski was taken to an emergency veterinary clinic, where staff used bolt cutters to remove the collar, police say, and an antibiotic was prescribed to the dog for the infection.

While police say the collar was too tight around the dog’s neck, Melanson said he could place the palm of his hand between the collar and the back of the dog’s neck right before Brewski was taken to the emergency veterinary clinic.

According to Melanson, the pinch-style collar was used on the dog on a regular basis as a means to efficiently control the dog and prevent excessive pulling. After being charged with animal cruelty, Melanson stopped using the training collar on the dog, and instead began using a harness, he said.

Also part of Melanson’s plea agreement is a 30-day suspended jail sentence — if he stays on good behavior for two years, he will not serve time in jail, said Toussaint.

Melanson said his two sons, ages 10 and 12, miss spending time with Brewski. Melanson also said he would have considered taking a jail sentence rather than surrendering the dog, depending on whether he would still be able to provide for his children and pay bills.

The Cocheco Valley Humane Society could not be reached for comment on Wednesday.